In the video, I see a man literally fighting and then running for his life. The ofcr, I can tell you now, will say he felt that #RayshardBrooks was a threat to his life and to others. I know this b/c this has proved so effective for ofcrs who kill innocent Black ppl. Here’s why.
I literally woke up this morning thinking about #RayshardBrooks and abt Tennessee v Garner, the 1985 case in which the SCOTUS made clear that ofcrs cannot shoot and kill a fleeing suspect unless the suspect poses a threat to the ofcr or to others. supreme.justia.com/cases/federal/…
Some subsequent cases have refined this but it is still the law. So why do so many ofcrs do it and get away with it? Because in a country steeped in racist stereotypes and narratives about Black men, the word “threat” does all the work.
The willingness of police ofcrs, judges & juries to believe that a Black man poses a threat turns the meaning of Tennessee v Garner on its head. Even if a Black man is unarmed & running away. The ofcr will say I feared he would harm others.
Blackness functions like a weapon. It makes the “suspect” inherently dangerous. This goes unacknowledged in the presentation of these cases in court, even when it’s shockingkly apparent.
Police brutality is routinely justified by the accepted view that Black ppl are threatening. That’s why the police ofcrs who beat Rodney King could convince a jury that one unarmed Black man surrounded by 17 club-wielding cops was “in control.” nydailynews.com/news/national/… 
#WalterScott was running for his life when Ofcr Slager shot him multiple times in the back. Slager testified that he “fired until the threat was stopped.” It was good enough to get a hung jury. (Slager later pled guilty when federal charges were brought). nytimes.com/2016/11/29/us/…
Until attys can present evidence & judges can instruct juries on the fact that the perception of threat based on racial stereotypes is unjustifiable, ofcrs will continue to use Garner -which was meant to protect the constitutional rights of ppl in encounters w/police-as a shield.
.@NAACP_LDF represented Cleamtree Garner, the father of 15 year-old Edward Eugene Garner who was shot in the back as he scaled a fence after running from Memphis police officers.
This is why I push my profession to acknowledge how it has allowed racism to distort justice. The law is not a colorblind bystander to what is shaking this country to the core at this moment. It plays a central role & our profession must take responsibility for fixing it.
And to be clear there are two kinds of suits in play: the criminal prosecution and the civil rights suit. Garner provides guidance forthe civil rights section 1983 suit - involving the deprivation of constitutional rights. But the crim case involves the same issue of threat.
The ofcrs reasonable perception of threat is a defense to a murder or manslaughter charge. And as set out above, it is often very effective when the victim is Black.
